2. Learn about urgent motions

There are 2 types of motions that you can bring in very few situations if you need a temporary order urgently:

• an urgent motion with notice to your partner
• an urgent motion without notice to your partner

You bring these motions when your partner doesn’t agree with what you are asking for.

Family Law Guided Pathways: Motion forms

Fill out court forms for making or responding to a motion

1. Urgent motion with notice

This type of motion is seen as “urgent” because you are asking for a court order before you have had a case conference.

A case conference is usually the first chance you and your partner get to speak with a judge about your case. The judge tries to get you to agree on some or all of your issues.

So, to bring an urgent motion with notice, you have to show why you can’t wait until after your case conference to bring your motion.

In some cases, you can bring an urgent motion even if you haven’t started your court case yet.

You can bring an urgent motion with notice only in very few situations. You need to show that one of these is true:

• your situation is urgent
• you will face hardship if you have to wait to bring your motion after a case conference
• it is in the “interests of justice” that your motion be heard before a case conference

The court decides if you have proven one of these.

For example, you might be able to prove:

• your situation is urgent because there is an immediate risk that your partner will take your children away or seriously harm you or your children
• you will face hardship if you have to wait to bring your motion after a case conference because you don’t have enough money to pay your mortgage and the bank has threatened to take legal action against you
• it is in the “interests of justice” that your motion be heard before a case conference because your partner is ignoring your parenting agreement and won’t let you see your child

You must give your partner “notice” of your urgent motion. This means that you serve your partner with your court documents for the motion and they have a chance to respond before a judge makes a decision.

You can find out more about this type of motion in this:

• Common Question: What is an urgent motion with notice in family law and what happens at one?
• Steps in a Family Law Case flowchart: Bring an urgent motion with notice

2. Urgent motion without notice

An urgent motion without notice is also called an emergency motion or ex parte motion.

You don’t give your partner notice when you bring this motion. This means that you don’t serve your partner with your court documents for the motion and they don’t have a chance to respond before a judge makes a decision. They can respond afterwards, but the court makes a decision first and then later hears from both parties about whether to change the decision.

You can bring an urgent motion without notice only in very few situations. You must have a good reason why your partner shouldn’t be told about the motion before the judge makes a decision.

For example you could show that you didn’t serve your partner because:

• If they knew what you were asking for in your motion, there is an immediate risk that your partner will seriously harm you or your children.
• There is an immediate risk that your partner will leave the country with your children and not bring them back. And serving your partner would give them enough time to leave the country with your children.
• Serving the motion might lead to something serious happening. For example, your partner might move money out of the country so that you can’t get it. In this situation, you have to show that there is a real risk that this might happen if they knew you were asking for a court order that didn’t allow them to move their money.

You can bring an ex parte motion at any time during your court case, even before you’ve had a case conference and sometimes before you start a court case.

But if you bring this motion before you have had a case conference, you have to show why you can’t wait until after your case conference to bring your motion.

If your motion is successful, you get a temporary order. The order applies for a very short period of time, usually not more than 14 days. You must serve your partner with the temporary order and your documents as soon as possible after the judge makes a decision.

You can find out more about this type of motion in this:

• Common Question: What is an emergency or ex parte motion in family law and what happens at one?
• Steps in a Family Law Case flowchart: Bring an urgent motion without notice